720 ILCS 5/24-1 – Unlawful Use of Weapons (UUW)

720 ILCS 5/24-1 – Unlawful Use of Weapons (UUW)

This law says it’s illegal to have, carry, or use certain dangerous weapons in Illinois.

It explains what types of weapons are banned, where weapons cannot be carried, and what punishments can happen if someone breaks the law. It also lists exceptions and special rules for certain people and places.

(a) A person breaks this law when they knowingly do any of the following:

1. Make, sell, buy, carry, or have certain dangerous weapons like brass knuckles, throwing stars, or knives that open automatically (like switchblades).
2. Carry or have weapons like daggers, razors, or tasers if planning to use them to hurt someone.
   2. 5 Bring a gun into a church, mosque, synagogue, or other place of worship if planning to use it to hurt someone.
3. Carry or keep a tear gas gun, or other device with harmful gas, in a car or on themselves, except for non-lethal sefl-defense devices.
4. Carry or keep a gun, taser, or similar weapon in a car or hidden on themselves, unless it’s on their own property or allowed under one of these rules:
   1. The weapon is taken apart or not working.
   2. The weapon can’t be reached easily.
   3. The weapon is unloaded and locked in a case by someone with a valid Firearm Owner’s ID (FOID) card.
   4. The person has a valid concealed carry license.
5. Set a spring gun (a gun that fires automatically when set off).
6. Have a silencer or any part meant to make a gun quieter.
7. Make, sell, buy, carry, or have:
   1. A machine gun or any part that can make a gun fire automatically.
   2. A rifle with a barrel shorter than 16 inches or a shotgun with a barrel shorter than 18 inches, or cutting down a barrel to be less than 26 inches long.
   3. Any bomb or explosive weapon like a Molotov cocktail.
8. Carry or have a gun or taser in a bar or at a public event where admission is charged, unless it’s part of a lawful gun show or training event (this also doesn’t apply to auctions or firearm safety training courses).
9. Carry or have a gun or similar weapon while wearing a mask or hood to hide their face.
10. Carry or have a gun or taser on public streets or land in a city unless allowed or following safe transport rules:
    1. The weapon is taken apart or not working.
    2. The weapon can’t be reached easily.
    3. The weapon is unloaded and locked in a case by someone with a valid Firearm Owner’s ID (FOID) card.
    4. The person has a valid concealed carry license.

    A “stun gun or taser” means:

    1. A device that shoots out barbs into a person, then electrocutes them, disabling them
    2. A device that, on contact with a a person, electrocutes and disables them.
11. Make, sell, ship, have, or purchase anything illegal from 720 ILCS 5/24-1.9, or an explosive bullet.
12. (Blank)
13. Carry a billy club or similar weapon in a government building.
14. Make, sell, or have parts that increase a semi-automatic gun’s firing speed.
15. Carry or have an assault weapon or .50 caliber rifle where it’s not allowed.
16. Make, sell, or buy assault weapons or .50 caliber rifles where it’s not allowed.

(b) Sentence: The punishment for breaking this law depends on exactly which part of subsection (a) was violated and sometimes on whether it is a first or later offense.

A person convicted of breaking subsections (a)(1) through (a)(5), (a)(10), (a)(11), (a)(13), or (a)(15) commits a Class A misdemeanor, which is a crime that can include up to one year in jail, fines, and other conditions like probation.

A person convicted of breaking subsection (a)(8) or (a)(9) commits a Class 4 felony, which is more serious than a misdemeanor and can include prison time, higher fines, and a felony record.

A person convicted of breaking subsection (a)(6), (a)(7)(ii), (a)(7)(iii), or (a)(16) commits a Class 3 felony, which is even more serious and can bring a longer prison term and bigger fines than a Class 4 felony.

A person convicted of breaking subsection (a)(7)(i) commits a Class 2 felony and must be sent to prison for at least 3 years and not more than 7 years, unless the machine gun is in the passenger area of a motor vehicle or on the person, and the gun is loaded, in which case it becomes a Class X felony, one of the most serious kinds of crimes with very strong prison sentences.

A person convicted a second or later time of breaking subsection (a)(4), (a)(8), (a)(9), (a)(10), or (a)(15) commits a Class 3 felony, meaning repeat offenses are punished more harshly than first offenses.

A person convicted of breaking subsection (a)(2.5) or (a)(14) commits a Class 2 felony, which can involve several years in prison and other serious consequences.

Each separate weapon or device that is illegally possessed or used under this Section counts as its own separate crime, so a person with several illegal weapons can face several separate charges at the same time.

(c) Violations in specific places.

1. A person who breaks subsection (a)(6) or (a)(7) in any of the following locations faces a higher penalty and commits a Class 2 felony, with a prison term of not less than 3 years and not more than 7 years:
   
   Inside any school building, at any time of day or year.
   
   In residential property that is owned, operated, or managed by a public housing agency, or that is leased by such an agency as part of a scattered site or mixed-income development.
   
   On the land around those public housing properties described above.
   
   In any public park or on the land that makes up a public park.
   
   In a courthouse or on the land that makes up a courthouse area.
   
   On any real property that makes up a public park or courthouse.
   
   In any vehicle owned, leased, or contracted by a school to transport students to or from school or a school-related activity, such as a school bus on the way to a game or field trip.
   
   In any vehicle owned, leased, or contracted by a public transportation agency, such as certain buses or trains that carry the public.
   
   On any public way, such as a sidewalk or street, within 1,000 feet of any school property, public park, courthouse, public transportation facility, or public housing property described above.
   1. 5 A person who breaks subsection (a)(4), (a)(9), or (a)(10) in any of the same types of locations listed in paragraph (1) above commits a Class 3 felony.
2. A person who breaks subsection (a)(1), (a)(2), or (a)(3) in any of those same locations–schools, public housing, public parks, courthouses, school buses or vehicles, public transportation vehicles, or within 1,000 feet of those properties–commits a Class 4 felony. In this subsection, “courthouse” means any building used by the Circuit Court, Appellate Court, or Supreme Court of the State for official court business.
3. Paragraphs (1), (1.5), and (2) of this subsection (c) do not apply to law enforcement officers or to security officers for a school, college, or university when they are doing their jobs and lawfully carrying weapons. These paragraphs also do not apply to students who have firearms with the consent of school authorities for training courses, parades, hunting, or target shooting on school ranges, as long as the firearms are unloaded and safely carried in a suitable case, box, or other closed package while being transported.
4. For this subsection (c), “school” means any public or private elementary or secondary school, community college, college, or university.
5. For this subsection (c), “public transportation agency” means a public or private group that provides transportation services to the general public, such as buses or trains that anyone can ride, but it does not include private cars that are not used to carry the general public as passengers. “Public transportation facility” means a terminal or other place where a person can get public transportation, such as a station, platform, or similar location.

(d) When a weapon, device, or substance covered by subsection (a)(7) is found in a car that is not a public bus or similar public vehicle, the law presumes that every person riding in that car at that time is in possession of it and is carrying it. This means that, unless there is proof to show otherwise, everyone in the car can be treated as if they each had the illegal weapon. This presumption does not apply in two special situations:

1. If the weapon, device, or substance is found to be carried by specifically one of the people in the car, or
2. If the weapon, device, or substance is found in a car that is being operated for hire, such as a taxi or other licensed service, by a properly licensed driver who is lawfully doing his or her job, then this presumption does not apply to the driver.

(e) Exemptions.

1. Crossbows, common bows, compound bows, and underwater spearguns are not included in the meaning of “ballistic knife” in paragraph (a)(1).
2. The part of paragraph (a)(1) that forbids selling, making, buying, possessing, or carrying a switchblade knife does not apply people who have a valid Firearm Owner’s Identification Card (FOID card) that was issued by the Illinois State Police. It also does not apply to a person or business that is in the legal business of selling or making switchblade knives.

View the full statute here.

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